HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Subodh Kanwar W/o Late Shri Ajit Singh – Appellant
Versus
Rajasthan Co-operative Societies Tribunal Jaipur through its Registrar – Respondent
Judgment :
ANAND SHARMA, J.
1. By way of filing this writ petition, petitioner has challenged the order dated 25.08.2006 passed by the Rajasthan Co-operative Societies Tribunal, Jaipur, whereby award dated 22.10.2005 passed by the Registrar Co-operative Societies has been quashed and set aside.
2. It is submitted by learned Senior Counsel for the petitioner that the petitioner purchased a plot bearing No.81 from Sayaunkta Grah Nirman Sahakari Samiti Limited in its scheme namely Officers Campus Extension Scheme, Sirsi Road, Jhotwara vide allotment letter dated 21.07.1992. Pursuant to the said letter, physical possession of the plot was taken by the petitioner and boundary wall as well as one small room was erected of the said plot, where he also got electric connection.
3. Learned Senior Counsel for the petitioner submits that name of the petitioner was also shown in the list of schemes of respondent-society published by Jaipur Development Authority, where his name finds place at serial No.81. In the list of members sent by the society to the administrator of the society, name of the petitioner was also mentioned and he also deposited the necessary expenses for issuance of lease deed in
The Registrar under the Rajasthan Co-operative Societies Act 2001 cannot adjudicate title disputes, which must be resolved by a Civil Court.
Authority under Section 70 enables the Additional Registrar to cancel improper allotments and registered sale deeds within cooperative societies, reinforcing adherence to bylaws and judicial oversigh....
The judgment clarified the scope of jurisdiction under Section 70 of the Act, emphasizing that the dispute must relate to the constitution, management, or business of a co-operative society and invol....
Section 9 of Code of Civil Procedure, Civil Court is vested jurisdiction to adjudicate all suits of civil nature. Exclusion of jurisdiction of Civil Court to adjudicate suit of civil nature is an exc....
The Arbitrator lacks jurisdiction to resolve title disputes under the Andhra Pradesh Cooperative Societies Act, 1964, and any such relief must be sought in a competent civil court.
The Arbitrator lacks jurisdiction to resolve title disputes under the Andhra Pradesh Cooperative Societies Act, necessitating recourse to civil courts for such matters.
The main legal point established is that the Registrar of the Co-operative Society does not have jurisdiction to annul a sale deed, and the Civil Court has the authority to declare the sale deed as n....
The jurisdiction of Civil Courts is ousted in disputes concerning cooperative societies, which must be adjudicated by the Registrar according to Section 102 of the West Bengal Cooperative Societies A....
The jurisdiction to hear cooperative disputes lies with the Cooperative Court when the matters directly impact the society's business and management.
The main legal point established is that the Deputy Registrar of Cooperative Societies has the jurisdiction to deal with disputes touching upon the business of the society, as per Section 64 of the M....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.